NCC & 4 Ors. v. Musical Copyright Society of Nig. Ltd, GTE 4 Ors. & Ecobank Nig. Plc & 18 Ors.

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Facts:

Facts:

The respondents sued and obtained judgment against the appellants at the Federal High Court, Lagos Division, on the allegation that the appellants violated their fundamental rights for which the court awarded them the sum of N40,000.000.00 (Forty Million Naira) as damages. The appellants immediately filed an application for stay of execution and Notice of Appeal. The application for stay of execution was heard and granted by the court. The respondents however, filed an application urging the court to set aside the order for stay of execution on the ground that the court lacked the jurisdiction to grant a stay of execution after an appeal had been entered at the Court of Appeal. The court granted the prayers of the respondents and reversed itself by discharging its earlier order. The appellants were aggrieved and filed a motion at the Court of Appeal urging the court to order a stay of execution of the judgment pending the determination of the substantive appeal. The application was duly served on the respondents who immediately filed a counter affidavit challenging the application. While this application was pending before the Court of Appeal, the respondents commenced garnishee proceedings at the trial court. The court granted an order nisi and consequently, the garnishees filed their affidavits to show cause. After hearing the parties on the garnishee application, the court made the order absolute against some of the garnishee banks. The appellants were dissatisfied with the order and therefore filed a motion at the Court of Appeal for a stay of execution of the order absolute.

One of the issues raised for determination is whether the trial court was right in granting the garnishee order when the court was aware that there is a pending motion for stay of execution of its judgment at the Court of Appeal.

SKU: C000001106184-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1 Category: Tags: , ,
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